Crawford avalanche. (Grayling, Mich.) 1879-19??, 1887-09-22

vised encouraged, aided, and abetted one
Rudolph Schnaubelt in the perpetration of the
crime others that they advised, encouraged,
aided and abetted an unknown person in the
preparation thereof.
The statute on this subject reads:
sec. 2. An accessory Il he who stands by and
aids, abe Is, or assists, or who not being pres
ent aiding, abetting or assisting, hath ad-
vised, encouraged, aided or abetted the perpe-
tration Of the crime. He who thus aids, abets'
assists, advises or encourages shall be con-
sidered as principal and punished accordingly
Every such accessory, when crime Is com.
mtted Within or moi. sts sns Ss indicted
and convicted mt the same time as the princi-
pal, or before after his conviction, and
whether the principal is convicted or amenable
TO justice or not, and punished as principal
In confederation OF this statute the court ASKS
the questions:
Did the defendants have a common purpose
or design to advise, encourage, aid, or abet the
murder OF the police?
Did they combine together and with others
with view to carrying that purpose or design
Did they, or either, or any of them. do such
acts or make such declarations in furtherance
of the common purpose or design as did actually
have the effect of encouraging, aiding, or abet-
ting the crime in question?
The questions are based ON the propositions
of law as laid down by the court and sustained
by previous decisions OF this and other States.
The premises are held that II the defendants
advised, encouraged, aided, or abetted the Kill
took hfs life with their own hands, II any Of
them stood by and aided, abetted, or assisted
In the throwing Of the bomb, those OF them who
did so are as guilty as Though they threw II
themselves.
Joined to this is the charge that the defend
ants formed common purpose and were
united in common design TO aid ana encour-
age the murder of the policemen among whom
the bomb was thrown. II they combined TO ac-
complish such murder by concerted action the
ordinary law of conspiracy is applicable, and
the acts and declarations Of one Of them, done
I'm furtherance OF the common design. are, In
contemplation Of law, the acts and declarations
OF oil. This prosecution, however, is not for
conspiracy ms substantive crime Proof OF
conspiracy Is only proper so far as it may e. nd
TO show a common design TO encourage the
murder charged against the risoners. 10 may
be introduced for the purpose OF establishing
tho position of the members Of the combination
as accessories to the crime OF murder.
| Also tho statute abolishes the distinction be-
tween accessories before the fact and principals.
BY IL all accessories before the fact are made
principals. As the acts OF the principal are
thus made the acts Of the accessory, the latter
may be charged having done tho acts him
self, and may be indicted and punished accord
ingly.
Following the propositions of law above laid
down, the court holds that the evidence under
them amply sustains the charge that the do
PENDANTS were engaged In q great conspiracy &c
overthrow the law, aud that the throwing OF
tho bomb in Haymarket Square on the evening
Of May was the direct result Of that conspir-
acy. First, there was at that time existing in
Chicago organization OF Socialists or An
archists whose purpose was the overthrow OF
ali laws which we're enacted for the protection
OF private property. This overthrowal was TO
be accomplished by force. The organization
was a national one, divided into groups, eighty
in all, OF which there were located in Chicago,
the North Side, with headquarters at No. 50 ely
bourn avenue; the Northwest side, No. 636
Milwaukee avenue the American, No 81 West
Lake street; the Karemark, No. O3 Emma
street: tho Southwest No GIL Throop street
the Jefferson, No 600 Milwaukee avenue, and
tho Freiheit, on Sherman street Schwab,
Neebe, and Lincg belonged 10 the North Side
group; Engel and Fischer to the Northwest
Spies, Parsons, and Fielden TO the American.
Connected with these groups were armed sec
tions, tho Jehr und Wehr Verein, containing
one thousand drilled men. and these soldiers
were known by numbers instead Of names, de